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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ2244538 (LAO 0883304)
Regular
Jul 29, 2011

MELVIN ISAAC vs. PARAMOUNT PICTURES

This case involves the Workers' Compensation Appeals Board (WCAB) removing a matter on its own motion to review a Compromise and Release (C&R) order. The WCAB issued a Notice of Intention to approve the C&R with addenda, allowing parties 20 days to object. As no objections were received, the WCAB rescinded the WCJ's prior approval and entered a new order approving the C&R with the addenda. The cases are now returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardRemovalCompromise and ReleaseAddendaWCJ OrderRescindedApprovedTrial LevelParamount PicturesMelvin Isaac
References
0
Case No. ADJ8350670
Regular
Jun 24, 2014

SALOMON LOPEZ vs. D & T FOODS, ILLINOIS MIDWEST INSURANCE CO.

This case involves a dispute over the approval of a Compromise and Release (C&R) in a workers' compensation claim. The applicant sustained injuries to his back, legs, and abdomen. The WCJ issued an order requiring further medical evaluation despite the parties filing an amended C&R. The defendant petitioned for removal, arguing the WCJ's order was inappropriate. The Appeals Board granted the petition, rescinded the WCJ's order, and approved the amended C&R, awarding the applicant a net recovery of $15,335.71.

Petition for RemovalCompromise and ReleaseWCJ OrderQME evaluationAME evaluationabdominal aspectsdriver unloaderindustrial injurypermanent disability advancesattorney's fee
References
0
Case No. ADJ6886930
Regular
Oct 11, 2010

MARIA TERESA RODRIGUEZ vs. MOUNTAIN F ENTERPRISES INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration of an order that reduced the agreed-upon attorney's fee in a death benefit and serious and willful misconduct compromise and release. The Board found the WCJ's reasons for the reduction inadequate and intended to amend the order to approve the original $38,500 attorney's fee. This is being done after providing applicant's counsel an opportunity to comply with procedural requirements regarding fee increases, and applicant notice of her right to seek independent counsel.

AMENDED COMPROMISE AND RELEASESERIOUS AND WILLFUL MISCONDUCTPETITION FOR RECONSIDERATIONGUARDIAN AD LITEMATTORNEY'S FEE REDUCTIONINDUSTRIAL INJURYDEATH CLAIMDEPENDENTSWAGESLABOR CODE
References
6
Case No. ADJ3293125 (SAC 0368540)
Regular
May 29, 2012

AMY ELDER SOUZA vs. MOTHERLODE HOLDING COMPANY, EVEREST NATIONAL INSURANCE

This case involves a Compromise and Release (C&R) agreement that the Administrative Law Judge (ALJ) initially disapproved because it provided no benefit to the applicant while attorney fees were paid. Both parties petitioned for reconsideration, but the Appeals Board dismissed these as the disapproval order was not a final order. Treating the petitions as requests for removal, the Board rescinded both the disapproval and subsequent approval orders. The matter is returned to the trial level for the ALJ to determine the C&R's adequacy, specifically addressing the alleged overpayment of temporary disability.

Compromise and ReleaseDisapproved C&RReconsideration PetitionRemoval PetitionWCAB Rule 10859WCAB Rule 10882Future Medical TreatmentNew and Further DisabilityTemporary Disability CreditOverpayment
References
1
Case No. WCK0071378
Regular
Aug 07, 2008

KEN RYERSON vs. NESTLE COMPANY, Permissibly Self-Insured, adjusted by SEDGWICK

This case involves a worker's compensation appeal concerning temporary disability and vocational rehabilitation rates. However, the parties submitted a compromise and release agreement for $140,000.00 to settle all claims, including potential death benefits for dependents. The Board granted reconsideration, rescinded its prior decision, and approved the settlement as fair, reasonable, and in the applicant's best interest, considering the release of death benefits and the absence of specific vocational rehabilitation protections.

Compromise and ReleaseVocational Rehabilitation Delay RateThomas FindingRogers ReleaseDeath BenefitsCumulative Industrial InjuryBilateral Upper ExtremitiesNeckSpineBack
References
2
Case No. ADJ3835561 (GOL 0099475)
Regular
Jul 12, 2011

CESAR HERNANDEZ vs. J.D. HUMANN LANDSCAPING, INC., NATIONAL LIABILITY AND FIRE INSURANCE COMPANY, AMERICAN COMMERCIAL CLAIMS ADMINISTRATORS

The defendant sought reconsideration of an order setting aside a compromise and release, alleging the order was ex-parte and issued without notice. However, the defendant later withdrew its petition, explaining it was unaware of lien claimant correspondence and had since negotiated a resolution for attorney fees. The Board dismissed the defendant's petition for reconsideration and remanded the case to the trial level for further proceedings. This action allows for reinstatement of the original compromise and release and approval of the negotiated stipulation for attorney fees.

WCABPetition for ReconsiderationOrder Setting Aside Order Approving Compromise and ReleaseEx-parteLien ClaimantEstate of Michael StevensStipulation and AwardAttorney FeesRemandTrial Level
References
0
Case No. ADJ6780734
Regular
Sep 08, 2011

Venessa Vielma vs. The Pape Group, Hartford Insurance Company of the Midwest

The Appeals Board granted reconsideration because the WCJ issued an Order Approving Compromise and Release one day after the jurisdictional 15-day period to act on the applicant's petition for reconsideration had expired. This untimely action rendered the WCJ's Order and the prior Findings, Award and Order without jurisdiction. Therefore, the Board rescinded both the Order Approving Compromise and Release and the Findings Award and Order. The matter is returned to the trial level for further review of the settlement by the WCJ.

Writ of MandatePetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseFindings Award and OrderAdministrative Law JudgeAppeals BoardIndustrial InjuryPermanent DisabilityApportionment
References
2
Case No. ADJ4665750
Regular
Oct 07, 2011

MARTIN ROJAS vs. ANHEUSER BUSCH, CHARTIS CLAIMS INC.

Here's a summary for a lawyer in four sentences: The applicant sought reconsideration of an order taking the matter off calendar, claiming unspecified alterations were made to a signed Compromise and Release Agreement. The Board dismissed the petition, as reconsideration can only be sought for a final order, decision, or award. An order taking a matter off calendar is not a final order as it does not determine substantive rights or liabilities. The applicant may still raise issues regarding the unapproved Compromise and Release Agreement at trial.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and Release AgreementOrder taking off calendarFinal orderSubstantive rights and liabilitiesWCJ approvalTrial levelIn pro perChartis Claims Inc.
References
3
Case No. ADJ9120917, ADJ6899995
Regular
Sep 16, 2016

RICK STEIN vs. CITY OF HUNTINGTON BEACH

The WCAB dismissed the defendant's petition for reconsideration because the WCJ's order vacating a prior order approving a compromise and release was not a final order. The Board granted the defendant's petition for removal to amend the vacating order, specifying the matter should be set for a status conference. This action was taken under WCAB Rule 10859, allowing the WCJ to rescind an order and conduct further proceedings within 30 days. The case is returned to the WCJ to determine if good cause exists to set aside the compromise and release.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalCompromise and ReleaseOrder Approving Compromise and ReleaseOrder Vacating Order Approving Compromise and ReleaseWCJLabor Code Section 132(a)Cumulative Trauma InjuryLeft Knee Injury
References
6
Case No. ADJ3669487
Regular
Jul 21, 2015

JAMES WILLIAMS vs. BARKER MANAGEMENT, ARGONAUT INSURANCE COMPANY

The applicant, James Williams, sought reconsideration of an order disapproving a compromise and release agreement he unilaterally submitted for approval. The agreement, purportedly for $17,835,417.18, was only signed by the applicant and did not reflect the agreement of the defendants, including the Subsequent Injuries Benefits Trust Fund (SIBTF) who offered to settle for $6,000. The Appeals Board dismissed the petition, adopting the WCJ's report, because a valid compromise and release requires mutual assent and signatures from all parties. The Board also admonished the applicant for his misleading submission, citing potential sanctions under Labor Code Section 5813.

Order Disapproving Compromise and ReleasePetition for ReconsiderationWCJCompromise and ReleaseUncontestedSubsequent Injuries Benefits Trust FundLabor Code Section 5813(a)SanctionsBad-faith actionsFrivolous
References
1
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